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|ACA 90-Day Waiting Period|
Lamb Barnosky LLP;
March 3, 2014, previously published on February 25, 2014The Affordable Care Act ("the ACA") established minimum standards for health insurance plans. One of those standards is prohibiting an individual who is otherwise eligible for health insurance coverage from waiting more than 90 days for coverage to become effective. This memorandum...
|Florida Citizens Property Insurance Claims Committee Sends Independent Adjusting, Archive Management Contracts to Board; Reviews Catastrophe Response Plan|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
March 3, 2014, previously published on February 25, 2014The Citizens Property Insurance Corporation ("Citizens") Claims Committee ("Committee") met on February 19, 2014 to hear updates on Citizens catastrophe planning and sinkhole-related developments, and to take action on several items.
|FELA Preempts State Law: FELA Worker Not Eligible for New York’s No Fault Insurance Benefits|
Christopher J. Hoare; Capehart & Scatchard, P.A.;
February 28, 2014, previously published on February 21, 2014In a recent New York State Court decision, Christin v. Metro North Commuter Railroad, et al., the court reaffirmed the FELA’s superiority over N.Y. State Insurance Law when it dismissed the lawsuit filed by a railroad worker who was injured while driving a railroad-owned truck in the course...
|New York Tax Reform to Impact Captive Insurance Companies|
Michele Borens, Jonathan A. Feldman, Jonathan A. Feldman, Jeffrey A. Friedman, P. Bruce Wright; Sutherland Asbill & Brennan LLP;
February 28, 2014, previously published on February 27, 2014In January, New York Governor Andrew Cuomo proposed broad corporate tax reform in his budget bill, which is currently winding its way through the legislature. The most significant proposal is a shift from a separate entity reporting regime to a full unitary combined group reporting regime. As part...
|An Introduction to Corporate Participation at Lloyd’s|
Damian Connolly, Chris Finney, David R. Kendall, William Slaiding; Edwards Wildman Palmer LLP;
February 27, 2014, previously published on February 2014Lloyd’s of London is perhaps the most famous insurance brand in the world. Yet for those not actively involved in the market, its structure and methods of doing business have until recent years largely remained a mystery. After three centuries of operation (with its capital being provided by...
|U.S. Tax Court Allows Deduction for Premiums Paid to Captive Insurance Company|
Antoinette L. Ellison, Charles E. Hodges; Kilpatrick Townsend & Stockton LLP;
February 27, 2014, previously published on February 26, 2014A great business opportunity that may provide significant tax advantages is for a company to form its own wholly-owned captive insurance company to insure the risks of affiliated companies. Captive insurance companies provide numerous economic and business benefits, including reduced insurance...
|Vermont Enacts “Legacy Insurance Management Act” for Commercial Run-Off Business|
Nick Pearson, Geoffrey E. Rosenblat; Edwards Wildman Palmer LLP;
February 27, 2014, previously published on February 21, 2014Vermont Governor Peter Shumlin has signed H. 198, titled the Legacy Insurance Management Act (“LIMA”), in an effort to attract new domestic insurance companies dedicated to run-off business in Vermont. LIMA allows for the formation of Vermont-domiciled insurance companies whose sole...
|“Additional Insureds” Are Not Always Afforded Coverage for Defect Claims|
Jack R. Dodson; Adams and Reese LLP;
February 26, 2014, previously published on February 24, 2014If you thought that getting your company identified as an additional insured on your subcontractor’s insurance policy was sufficient to provide you with the same insurance coverage that the subcontractor is getting, think again. Depending on the policy language, the general contractor or...
|Puerto Rico Imposes Massive Fine for Insurer’s Data Breachl|
Erin Brisbay McMahon; Wyatt, Tarrant & Combs, LLP;
February 26, 2014, previously published on February 24, 2014The Puerto Rico Health Insurance Administration has fined Triple-S Salud Inc. (TSS) $6.8 million for failure to safeguard Medicare beneficiary numbers. This far exceeds any fine imposed by or settlement reached by the United States Office of Civil Rights to date for HIPAA data breaches. How did the...
|South Carolina Supreme Court Holds That Statutory Service On An Insurer Through The Department Of Insurance Is Not Required Where The Policy Provides An Alternative Method Of Service|
Carlock Copeland Stair LLP;
February 25, 2014, previously published on February 17, 2014Insurers and attorneys in South Carolina have long recognized that the exclusive means of service on an insurer is through the Department of Insurance pursuant to S.C. Code § 15-9-270 (“The summons and any other legal process in any action or proceeding against it must be served on an...